HomeMy WebLinkAbout01-27-2009 City Council Minutes
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MINUTES
CITY COUNCIL MEETING
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JANUARY 27, 2009
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CALL TO ORDER -7:00 P.M.
Mayor Magee called the meeting to order at 7:05 p.m.
PLEDGE OF ALLEGIANCE
The Mayor asked Steve Manos to lead the Pledge of Allegiance.
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Magee led the audience in a moment of silent prayer.
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ROLL CALL
PRESENT: MAYOR MAGEE
MAYOR PRO TEM MELENDEZ
COUNCILWOMAN BHUTTA
COUNCILMAN BUCKLEY
COUNCILMAN HICKMAN
ABSENT: None
Also present: City Manager Brady, City Attorney Mann, Acting Administrative
Services Director Riley, Acting Community Development Director Weiner, Public
Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy,
Parks and Recreation Director Gonzales, Captain Cleary, Chief Hendershot
Information/Communications Manager Dennis and Interim City Clerk Cowley.
CLOSED SESSION REPORT
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City Attorney Leibold reported the City Council met in closed session to discuss
four items; The first is identified on the agenda as Item 1(a) conference with
legal counsel concerning existing litigation which involves the lawsuit by the City
of Canyon Lake against the City of Lake Elsinore. The case number is identified
on the agenda under the authority of Government Code 9 54956.9(a). There is
no reportable action on that item, but there is a proposed draft settlement
agreement that outlines the basic settlement terms. The second item involves
real property negotiations under the authority of Government Code 9 54956.8.
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The properties are identified by parcel number on Agenda Item 1(b). The
negotiating parties are the City of Lake Elsinore and the property owners Denise
and Tim Fleming. Under negotiation is price and terms of payment. There is no
reportable action on that item. The last two items involve anticipated litigation
under the authority of Government Code 9 54956.9(b). Two potential cases were.
discussed and there is no reportable action on either of those items.
1(a) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
pursuant to subdivision (a) of Government Code 9 54956.9 - City of
Canyon Lake v. City of Lake Elsinore, et al (Riverside Superior Court
Case No. 513811
1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code
954956.8)
PROPERTY: APN 375-250-026, -027, 375-942-015
CITY NEGOTIATOR: City Manager Brady
NEGOTIATING PARTIES: City of Lake Elsinore, Denise Fleming, and
Tim Fleming
UNDER NEGOTIATION: Price and terms of payment
1 (c)
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CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: (2 potential cases)
PRESENT ATIONS/CEREMONIALS
Mayor Magee recognized and presented a Certificate of Recognition to Mr. and
Mrs. Steve Wallace for their hard work in building the stage where Santa sat at
the Winterfest and their dedicated service. He advised that over the last two
years Mr. and Mrs. Wallace have donated countless hours to the community and
have asked for nothing in return.
Steve Wallace thanked Council and urged the community to get out and
volunteer to help especially during these times when it is hard to make ends
meet and there are so many organizations that need help.
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Mayor Magee recognized and presented a plaque to Giuseppe's restaurant,
Ravioli's, as the City's Outstanding Business of the Year for 2008. He announced
that Ravioli's received the Chamber of Commerce's Business of the Year award
in the medium size business category, Mayor Magee indicated Giuseppe took a
storefront on Main Street and reinvented it to an upper class establishment on
Main Street and after getting Ravioli's up and going they purchased the building
next door and expanded their business. Mayor Magee thanked Giuseppe for
what he has done for the downtown.
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Giuseppe thanked Council for the recognition and award and thanked the
community for all the great support they have received throughout the years and
for the continued support during these tough times.
Council recognition of Chief Deputy Louis Fetherolf. A video was presented to
City Council and the audience recognizing Chief Deputy Louis Fetherolf for his
six years of service to the residents of the City of Lake Elsinore, first as a
lieutenant then as Captain of the Lake Elsinore's Sheriff Station. Thereafter,
Mayor Magee presented Chief Deputy Fetherolf with a Certificate of Recognition
acknowledging that Chief Deputy Fetherolf saved people's lives; he reduced the
crime rate; he reduced traffic fatalities in the community; and cut down the
amount of drugs. The work that he did protected the City's children and he can
never be thanked enough for that. Mayor Magee presented Chief Deputy
Fetherolf with the certificate and thanked him for everything he did for the City.
Deputy Chief Fetherolf thanked everyone stating it was clearly his pleasure to
work in Lake Elsinore indicating he has not worked for a finer City Manager, for a
finer Mayor, for a finer City staff, and with such citizens in his entire career. He
felt it was the highlight of his career. He introduced his wife Christine as the love
of his life and the one who supports him and allows him to do these things.
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Help Our People in Elsinore (HOPE) Update presented by Ron Hewison. Mr.
Hewison addressed Council indicating that HOPE provides service to the area
covered by the school district from Horse Thief Canyon to Clinton Keith across to
Layman Village and across Canyon Lake, which is approximately 144 square
miles and just over 100,000 residents. He acknowledged the 40 to 50 volunteers
who come to HOPE every week and serve the community. He verified that 99%
of what HOPE does is feed the seniors, the grandparents, the single parents, the
disabled and the unemployed. HOPE's outreach to the homeless is
approximately 1 % and the growth HOPE has seen doesn't come from the
economy. It comes from the fact that the community has a large population of
low-income and needy people. Mr. Hewison discussed the CDBG requirements
and HOPE exceeds those requirements recommended by HUD. The income
level of the individuals helped by HOPE is 25% below the very low income level
recommended by HUD. Mr. Hewison said HOPE has obtained a second van
which has helped them tremendously and thanked Mike Norkin. He indicated
that the demand for assistance has increased so significantly HOPE has had
three telephone lines installed and they are adding a software program used by
another pantry. Mr. Hewison explained the new database they are installing to
track the families they serve as well as issuing ID cards for identification
purposes. He advised they are working on seeking hardware equipment, such
as flat screens and towers with a goal to be fully computerized by July 1st. He
advised that HOPE will likely receive funding for food supplies, hotel vouchers,
and for rent and mortgage assistance from the Emergency Food and Shelter
Funds. HOPE is still working on a collaborative warehouse with pantries in
Temecula, Murrieta, Perris, and they are hoping to get one central site which will
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hold the stock for all of the pantries. He updated Council on the number of meals
served last year and the number of meals they anticipate serving this year.
USDA funding has improved and has come through and they have seen an
increase in supplies and are now helping 750 to 2,000 people on the second
Saturday of each month. He told Council about the latest program they have
introduced "Fresh Rescue" in which Albertson's has partnered with HOPE and
gives them thousands of dollars of salads, eggs, milk, deli and meats that they
normally throwaway. Additional stores are now beginning to help and Hope is
now able to help an additional 250 families who don't qualify under the pantry
program which will result in servicing about 1,000 families or 3,500 individuals
each month. He Informed Council on the success of the Holiday programs
indicating HOPE has received increased support from local stores for the clothing
program. He thanked everyone in the community or the support because HOPE
only hands out what they receive.
Mayor Pro Tem Melendez thanked Mr. Hewison for all that HOPE does in the
community and asked if there has been any talk with the county or other
organizations in partnering with HOPE to develop a program to help people with
job searches, or employment skills or the types of things to break the cycle of
poverty. Mr. Hewison indicated there hasn't been but he would like to check with
DSS to determine what they do.
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PUBLIC COMMENTS - NON-AGENDIZED ITEMS
The Mayor indicated that he has received several requests to speak on the Lake
Street Marketplace, which is not on the agenda. Those comments are being held
until the end of the meeting at which time each individual will have up to 3
minutes to speak.
Donna Franson addressed Council to remind everyone that Thursday, January
29th, will be the first quarterly meeting for 2009 of the Lake Elsinore Citizen's
Committee. The meeting will be at the Tuscany Hills Recreation Center. Flyers
are on the table with directions. The guest speakers will be Mayor Bob Magee
who will speak on where the city stands at this time and where it is going and Lt.
Russell Wilson of the Lake Elsinore Sheriffs Department will be speaking on
gangs, crime, and crime prevention.
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Thomas Vose, Branch Manager for the Lake Elsinore Library addressed Council
regarding the changes that have taken place at the library. He advised of the
new carpeting, furniture and the newly opened courtyard area. He also advised
Council about the software programs they will purchase with grant funds and all
of the programs they are planning to have in the future, including the summer
reading program.
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Chris Hyland addressed Council regarding the book published by the Historical
Society on Lake Elsinore and its history. The cost is $20 and reminded everyone
to purchase a book. She provided her phone number for the audience to call for
information.
Tim Fleming addressed Council regarding the Riverside County Homeless
Count scheduled for the next day. The meeting point will be at the Cultural
Center from 7:00 am to 3:00 pm. He thanked the City for its support as well as
the volunteers and donations that were made to help with this project.
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Rick Snow addressed Council regarding East Valley Youth Soccer League
which began in 2003 as a non-profit organization in which parents coach their
children in a soccer environment and bring them up to the next level. He advised
there is a recreational league and a competitive league. The competitive league
is part of Cal South which is one of the biggest soccer organizations in the United
States. He acknowledged that several of the EVYSL teams have gone on to
compete in Cal South and have done very well. He asked the City to recognize
the league and encouraged people to register their children indicating sign ups
are held at Alberhill, Monday through Friday from 6:00 to 8:00 pm. and at Lake
Elsinore Sporting Goods. He noted their website for the audience.
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Councilman Buckley suggesting that Staff add the information about the various
youth sports leagues to the City's website.
PUBLIC COMMENTS - AGENDIZED ITEMS
CONSENT CALENDAR
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Councilman Hickman moved to approve the Consent Calendar consisting of
Items 2 through 10, excluding Item No.9 which has been continued; second by
Councilwoman Bhutta. The motion unanimously carried by the following vote:
AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta,
Councilman Buckley and Councilman Hickman. NOES: None.
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(2) ADDroval of City Council Minutes
Recommendation: That the City Council approve the following Minutes:
a) Joint City Council/Redevelopment Agency Meeting _
January 13, 2009
I b) Regular City Council Meeting - January 13, 2009.
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(3) Warrant List Dated January 15. 2009
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2009.
Recommendation: Authorize payment of Warrant List Dated January 15,
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(4) Investment Report - December 2008
Recommendation: Receive and file.
(5) Claims Aaainst the City
Recommendation: Reject the claims of Yesenia Loza, Nicole Thomas,
and Chris Urianza and direct the City Clerk's Office to send a letter
informing the claimants of the decision.
(6) Notice of completion for Grand Avenue
Recommendation: The City Council:
a) Approve Change Order No.3 for $40,036.
b) Authorize the City Manager to execute Change Order NO.3.
c) Authorize the Mayor to sign the Notice of Completion and
have the City Clerk file the Notice for recordation.
(7)
Appointment to the Western Riverside Council of Governments TUMF
Zone Committee
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Recommendation: That the City Council approve the appointment of
Mayor Magee as the Delegate and Thomas Buckley as the Alternate to
the TUMF Zone Committee.
(8)
Local Government Waste Tire Cleanup & Amnesty Event Grant Proaram
Recommendation: The City Council:
a) Adopt Resolution No. 2009-01.
b) Adopt the Purchasing Policy as required by the grant
application.
c) Direct the City Manager to execute the grant application.
(10)
Mutual Settlement Aareement and Release for City of Canvon Lake v. Citv
of Lake Elsinore Litiaation
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Recommendation: The City Council:
a) Approve the attached Mutual Settlement Agreement and
Release, subject to any modification consistent with the above-
referenced terms as may be approved by the City Attorney.
b) Authorize the Mayor to execute the final form of the Mutual
Settlement Agreement and Release on behalf of the City of
Lake Elsinore and the individual Councilmembers.
c) Authorize the City Attorney to prepare and execute any other
ancillary pleadings necessary to make the Mutual Settlement
Agreement and release binding upon all parties.
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CONSENT CALENDAR ITEM NO. {9}
Mayor Magee announced that after much discussion at the 4:00 pm meeting he
would move to continue the item for two weeks and encourage Staff and the
elected officials to reach out to the County of Riverside to encourage them to
increase their contribution to this road improvement; second by Councilwoman
Bhutta. The motion unanimously carried by the following vote: AYES: Mayor
Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley
and Councilman Hickman. NOES: None.
(9) Aoreement between County of Riverside and City of Lake Elsinore for
Improvements to Dexter Avenue
Recommendation: The City Council approve the agreement with
Riverside County for the repair and reconstruction of Dexter Avenue and
direct the Mayor to execute the agreement with the County of Riverside.
PUBLIC HEARING{S)
No public hearings are scheduled.
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APPEAL{S)
(11) Conditional Use Permit No. 2008-17 and a minor Desion Review - "Roval
Street Communications Cellular Tower Facilitv Co-Locatino at a Heioht of
Sixtv Five Feet (65') on an Existino Tower"
Recommendation: The City Council either:
a) Uphold the Planning Commission's November 18, 2008
decision to approve the Project subject to conditions of approval
number 9; or
b) Uphold the Planning Commission's November 18, 2008
decision to approve the Project but relieve the applicant from
condition of approval number 9; or
c) Uphold the Planning Commission's November 18, 2008
decision to approve the Project but with certain modifications to
conditions of approval number 9.
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Acting Community Development Director Weiner provided Council with a report
indicating this project is a request to co-locate on a wireless facility on an existing
75-foot cellular tower which was approved by the Planning Commission in
November 2008. The wireless tower is currently located south of Baker Street
between Riverside Drive and Pier Street which is southwest of the 1-15 and the
outlet center, on vacant land. Mr. Weiner advised that although this was
approved the applicant is appealing Condition of Approval No.9 which requires
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the tower be stealth, such as a fake tree, or something of that nature, in order to
mitigate the visual impact of the tower which is currently visible from the freeway
and the outlet center. Mr. Weiner noted the applicant was in the audience.
John Dohn, Zoning Manager on behalf of Crown Castle USA addressed Council
advising that Crown Castle owns and operates the tower in question. Metro PCS
who is also in attendance is proposing to co-locate on the tower, explaining that
Metro PCS would be one of Crown Castle's tenants. He advised that Crown
Castle appreciates the Planning Commission's approval; however, they
respectfully request the City Council listen to their concerns regarding condition
No.9. He indicated that this was approved in 1999 as a minor development
permit. The original monopole was approved with a categorical exemption, so
the original monopole was exempted from environmental review which means
there were no visual impacts at the time. He indicated the only change being
considered with Metro is the addition of three small panel antennas flush
mounted to an existing tower. They weren't asking for a review of the tower that
is already there, only the addition of three antennas.
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Julian Quattlebaum on behalf of Crown Castle USA/Royal Street
Communications addressed Council indicating the original structure was
approved in 1999 and one of the conditions in that Conditional Use Permit was a
requirement that the applicant agree to allow co-locations on the monopole. This
was the result of a conscious decision by the Planning Commission and City
Council at that time that the best practices would affect the wireless facilities in
Lake Elsinore was to "direct applicants to consider the height of the proposed
monopole and/or consider co-location between two or more carriers." He stated
the monopole was actually built with additional engineering and additional
strength to allow them to accommodate future co-locations additional antennas
which involved additional expense. Mr. Quattlebaum indicated this facility is only
two years old and was built to higher specification to enable co-location, now
they are being asked to scrap that entire investment and replace it with a facility
that even the staff report concedes there is not really any reason for requiring this
level of stealth. The site where it was located was carefully chosen. It's on a
hillside dominated visually by a water tank, at least a quarter of a mile from the
nearest paved road and a ridge line from the south that shields it from all of the
residences to the south. The only view is from the back of the outlet mall which
is a quarter of a mile away and the freeway, a third of a mile away. He
expressed his opinion that the design staff is imposing is not consistent with the
approach the Public Utilities Commission has taken when it has addressed these
issues and it is not consistent with the approach the City itself has taken. He
hoped Council would realize this is not the place, nor is it the time to impose
conditions that will run into six figures for such a minor modification.
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Councilman Buckley expressed his view that all new poles should be stealthed
and the City probably should have a Cellular Location Master Plan using public
property whenever possible. However in this case, if it were a tree instead of a
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monopole it would be more noticeable because there is literally nothing else out
there.
Council Member Buckley moved to uphold the Planning Commission's November
18,2008 decision to approve the project and relieve the applicantfrom Condition
of Approval No.9: second by Mayor Pro Tem Melendez who confirmed that the
microwave dish would be removed from the proposal. The motion unanimously
carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez,
Councilwoman Bhutta, Councilman Buckley and Councilman Hickman. NOES:
None..
BUSINESS ITEMCS)
(12)
Six (6) Month Review Reeardine Conditional Use Permit No. 2008-09 For
Live Music. Dancine. and Entertainment within the Restaurant Area of an
Existine Bowline and Entertainment Center CTrevi Lanes) Located at
32250 Mission Trail
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Recommendation: The City Council consider the following options:
a) Bring forward a request to modify the existing CUP in order for
the new stage area to be considered, obtain all building division
approvals for tenant improvements, and meet all conditions of
approval within a specified time frame.
b) Order the applicant to demolish (with appropriate building
permits) the unpermitted stage, meet all conditions of approval,
and obtain building permits for tenant improvements within a
specified time frame.
c) Refer the item to the Planning Commission for consideration of
revocation of the CUP.
In addition to the above options, the City Council may also choose to
impose additional conditions of approval requested by the Riverside
County Sheriff, which include but are not limited to the following:
. State licensed and bonded security staffing
. Minimum two (2) week notification prior to a heavily attended event
taking place
. Copies of all proposed advertisements and a list of advertisement
locations (websites, radio, newspapers, television, etc.) related to
heavily attended events.
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Acting Community Development Director Weiner advised Council that this was
the six month review of CUP 2008-09 which is a live entertainment use approval
for the Trevi Lanes facility. He advised there are two CUP's for this business
location. CUP 2007-01 is for the bowling alley, alcohol, arcade and outdoor
dining components of this site. The CUP before Council is CUP 2008-09 which
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was granted in July 2008 for the live entertainment at the Trevi facility. Mr.
Weiner advised there have been inspections on the property and
correspondence with the business operator; those items are attached to the staff
report for Council's review. There are several conditions of approval that are not
being met and the applicant was made aware of these. The applicant has
addressed many of these conditions of approval that were deficient. However,
one major issue that was brought to the applicant's attention was a 700 square
foot stage that was constructed in the sports bar area without approvals. That's
really the major condition. There are several others regarding video camera
surveillance, graffiti which the applicant has addressed after the City's
correspondence with him. The applicant has since submitted a CUP request
which was received on January 23 to modify the existing CUP in order to allow
the stage and the use to be placed in the sports bar area. Pending Council's
action this evening, staff will return to the Planning Commission with that request
in the future once staff has all the plans and information.
Mayor Magee warned the audience that he would insist upon a professional level
of conduct and decorum and will not allow the proceedings to degenerate into a
circus or clown-like atmosphere. He requested everyone to keep their
testimonies professional and to. the point. Mayor Magee also advised that the
applicant's attorney, David Bristow was present and he would be given the
opportunity to speak last so he could respond to any comments made.
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Ajay Patel addressed Council indicating the issue they have with Trevi
Entertainment is the loud music. The latest incident was on January 10, 2009
during a rave event. After numerous complaints from guests, the Sheriff's
Department was called; an officer responded and agreed that the music was
loud. The officer went to Trevi to have them lower the music. The music was
lowered for awhile and then became loud again. Mr. Patel felt that if the building
could be retrofitted to keep the noise inside, there would be no issue for the Best
Western Hotel.
Jaime Mejia addressed Council in support of Trevi Entertainment. He indicated
he is a musician that performs at Trevi. He felt Trevi does a lot for the
community mentioning the Toy give-away at Christmas sponsored by HOPE. He
felt there were a lot of talented young people in Lake Elsinore who have no
where to go who can go to Trevi mentioning some of Trevi's venues.
Kenny Belart addressed Council in support of the bowling at Trevi. He, his kids
and grand kids bowl at the facility and he has made a lot of friends and he hoped
that he could work with Trevi management to work things out because the
bowling alley is really needed.
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Lincoln Ward addressed Council in support of Trevi. He felt it was a good place
to bowl and he gets a lot of enjoyment from bowling. He indicated it was a good
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place to go after work, to bowl and relax. He hoped everyone can work together
to solve the problems.
Amanda Frick addressed Council in support of Trevi. She advised Council that
she was a student at Lake Elsinore High School who owns her own company
and books shows at the stages in Trevi's. She felt the performances that take
place at Trevi's are instrumental in keeping the young people away from drugs
and other bad things.
Craig Young, the Entertainment director for Trevi Entertainment Center advised
Council he just took over the position in late December and his plan, under the
guidance of Mr. Knight, is to take better control of the planning and execution of
the entertainment and open the .venue to more family events and a wide variety
of entertainment with jazz, tribute bands, piano shows and classical music. His
goal was to work with the City, the community and the law enforcement agencies
along with the venue to make a great team. He asked the Council to provide
Trevi as much support as possible so he has an opportunity to give back to the
community.
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Andrew Vallejos a Senior Account Associate for RKR Media Associates
addressed Council indicating they do the advertising and marketing for Trevi
Entertainment. He provided Council with copies of the agreements illustrating
the work they have provided for Trevi.
Mayor Magee asked Acting Community Development Director Weiner to clarify
the issue before Council. Mr. Weiner confirmed the CUP is for the live
entertainment and what is known as the Illusions area. The bowling, arcade and
outdoor seating for the Illusions area is under a separate CUP.
David Bristow, attorney representing Trevi Entertainment and Mr. Knight
expressed his opinion that the' CUP review was an example of the tension
between governmental regulations to protect citizens and private enterprise
trying to remain viable and profitable in whatever its endeavor is. In that regard
Trevi has struggled to remain a viable entity and clarified that the CUP for live
entertainment is crucial for the .entire enterprise to remain viable. He advised
that Mr. Knight took over the empty K-Mart building and retrofitted it without any
public money. The bowling alley only takes up one portion of the building and
the remaining portion of the building has to remain viable and has to provide
income to cover the operating costs of the entire building. Both components are
necessary for a viable enterprise He concluded that his client's desire is to
accept the recommendations made by Chief Cleary with some modifications. He
would like to reduce the operating hours for private parties to 2:00 a.m. and he
would like a prohibition on any rave parties at the facility.
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Councilman Hickman expressed his approval of the recommendation made by
Captain Cleary and agreed that private events should not go later than 2:00 a.m.
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Councilman Hickman indicated he was impressed with the fact that Mr. Knight
has never had any problems with alcohol being sold to minors; he concurred with
not allowing rave events and suggested adding a six month CUP. City Manager
Brady advised that a time limit cannot be placed on CUPs, but it can be brought
back for review. Councilman Hickman suggested the decibel be lowered so that
it does not interfere with the best Western Hotel's business.
Councilman Hickman moved to approve Captain Cleary's recommendation. The
motion died for a lack of a second.
Councilwoman Bhutta expressed her support of local businesses including Trevi.
However, she thinks it very important to insure that certain rules and procedures
are followed and the City has to be consistent with all businesses whether new or
existing. Public safety has to be number one. Some of the issues discussed
dealt with public safety such as doors being padlocked. She felt the City was
attempting to work with the business to make sure there is open communication
and transparency. She said the City cannot have situations where stages were
built without a permit.
Councilman Buckley voiced his displeasure with the safety issues that were not
addressed. He responded to some of the comments made by the public, the
applicant and the applicant's attorney asking how padlocking fire exits are
insuring the public's safety. Councilman Buckley felt that shutting the lights off in
a parking lot full of people and. cars was not a safe way of disbanding people
from loitering in the parking lot. , He indicated that when the CUP was approved
six months ago, he voted against it stating his reasons. Mr. Buckley
admonished the applicant regarding his lack of responsibility for the venues that
have created some of the issues indicating he was in the entertainment business
and it didn't matter if a promoter was hired, it is still the operator's building, it is
still the operator's responsibility <ilnd when management became aware that there
were 1,500 people, management could have stopped allowing people into the
building; however, the applicant chose not to do that.
Thereafter followed a lengthy discussion regarding the ongoing code compliance
issues and the problems that have occurred there resulting in safety and
enforcement issues. Mr. Buckley felt the pertinent issue is the simple fact that
this establishment has shown a .consistent disregard and disdain for the City, for
the residents of the City and h~s put the lives of its customers in jeopardy and
that cannot be allowed to happen.
Mayor Pro Tem Melendez thanked everyone for coming to address Council and
advised Mr. Bristow that his cli~nt was in a unique position; a lot of people are
counting on him. Therefore Mr. Knight bears a great responsibility not only to his
patrons but also to this City. Mayor Pro Tem Melendez stated there were some
non-compliance issues in the report some of which hold more weight than others
but the biggest issue for her is the fact that public safety has been disregarded.
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She expressed her opinion that constructing a stage may seem benign, but it
needs to be inspected by the F'ire Department to make sure it is not a hazard.
She expressed her concern that if the stage catches fire and someone dies
because no one inspected it. She expressed her view that rave events were a
dangerous situation because raves typically involve drug use. She hoped Mr.
Knight would not allow any raves to take place at his establishment due to safety
issue and the drain on the City's ,resources to disband people from the parking lot
which prevents the sheriff's from responding to other calls. She indicated the
City Council placed conditions on Trevi and Trevi has not kept their promise to
comply with those conditions so she was concerned as to whether Trevi would
comply with additional conditions placed on them. She conveyed a message to
Mr. Knight that when a ship is at: sea, and the captain is sleeping in his bed, if the
ship runs aground the captain is, still responsible - it is still his fault so Mr. Knight
has a responsibility to make sure his ship does not run aground.
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Mayor Magee asked Acting Community Development Director Weiner if a
Karaoke event falls under the City's live entertainment ordinance and if they are
required to have a live entertainment permit. Mr. Weiner advised that based on
the City's Code, Karaoke could be construed as live entertainment. Mayor
Magee asked if other operations in the City were complying with those
requirements. Mr. Weiner advised he did not know every facility that is
conducting Karaoke, but as far as he knows they are. The Mayor expressed his
concern that the City uniformly enforces the codes in this City.
Mayor Magee indicated that with respect to Trevi, six months ago it was a very
difficult decision to allow the live 'entertainment use (Illusions) to continue. During
that meeting some promises w~re made that absolutely no further violations of
City Codes occur. He indicated that his decision tonight isn't as hard as it was
six months ago because the violations have continued. He expressed his
disappointment about the report he read; about visiting the facility both inside and
out; he stated that he met with Mr. Knight at length and he is disappointed that
Council is here yet again with more violations of the City Code.
Mayor Magee indicated he wa~ willing to entertain another application for a
revised Conditional Use Permit,but he was not at this time willing to continue to
allow this type of activity to continue.
Councilman Buckley moved to irefer this item to the Planning Commission for
revocation; second by Mayor Magee.
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Councilman Hickman asked fqr an explanation of the motion. Mr. Weiner
explained the revocation process takes place at the Planning Commission level.
It can be brought back by the, Planning Commission, by Staff or by the city
Council. The item will be brought to the Planning Commission who would revoke
the CUP at a noticed public hearing and the decision of the Planning
Commission is appealable to the City Council.
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Councilman Hickman expressed his displeasure with the action Council was
taking. Thereafter followed a general discussion among Council and Captain
Cleary regarding the incidents that are draining police resources, which is just
one of the issues in which Mr. Klilight has chosen not to do in his relationship with
the City. Captain Cleary indicated he was not opposed to the motion that was
made; however in terms of law enforcements issues in general, his biggest
concern is those events that ar~ ripe for a tragedy and it has come pretty close.
Captain Cleary advised Council about the circumstances that caused the
problems the night of the rave event and the necessity to call in resources from
the County and Wildomar.
The motion carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem
Melendez, Council Member Bhutta and Council Member Buckley. NOES:
Council Member Hickman. I
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(13) Washinaton. D.C. Advoca.cv and Fiscal Year 2010 Federal Aaenda
Recommendation: Approve the proposed 2010 federal agenda and direct
staff and The Ferguson! Group to prepare and submit the necessary
appropriations request documentation and authorize the City delegation to
return to Washington, D.C. for meetings on March 2-3, 2009.
City Manager Brady presented a brief staff report indicating that for the past three
years, the City has sent a delegation to Washington D.C. to meet with the city's
elected officials at the federal level with regards to seeking funding for various
projects. He explained that Cou~cil had previously approved moving forward with
the advocacy and the programs they had recommended. He advised that due to
the economic conditions, it was his suggestion at the 4:00 o'clock meeting that it
was not necessary for him to accompany the Mayor and Redevelopment Agency
Chairman on the trip to Washington D.C. He felt that since both the Mayor and
Chairman have gone before they were aware of the process and did not require
his attendance.
Mayor Magee echoed the comments of the City Manager that during these
extraordinary times since the City Manager has lost some of his staff and since
the Redevelopment Agency Chairman and he have both been to Washington
D.C. before, he felt it wise to Ibe prudent and save the added expense and
respectfully request the City Mariager to remain at the City.
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Mayor Magee moved to authorize a delegation of himself as Mayor and the
Redevelopment Agency Chair to travel to Washington D.C. and to approve the
2010 proposed federal agenda; l?econd by Council Member Bhutta.
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After posing a question from Council Member Buckley regarding using the zip
drives again, City Manager Bra9Y advised that staff would provide the program
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booklets and any additional inf9rmation the Council would like to include, staff
would work with The Ferguson Group to put that together.
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The motion unanimously carried by the following vote: AYES: Mayor Magee,
Mayor Pro Tem Melendez, CoJncil Member Bhutta, Council Member Buckley,
and Council Member Hickman. NOES: None.
The City Council recessed to the Redevelopment Agency at 8:42 pm.
The City Council reconvened at 8:44 pm.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Mayor Magee indicated he had eight requests to speak from Voters Against Lake
Street Market.
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George McDonough addressed Council as a member of the Voters Against
Lake Street Market who are not bpposed to Fresh & Easy, but they are against a
commercial shopping center in a' residential area. He indicated that last weekend
they obtained the signatures of over 200 registered voters opposing the Center.
They clearly told each resident that traffic was their major concern; not Fresh N
Easy. He advised that they were not aware of the project until the Saturday
before the Planning Commission meeting and they plan to address the ten
objections they have to the Market Place at the February 10th meeting. He stated
an identical project was proposed about 12 years ago in the same area and after
the 200-300 voters showed up at the City Council meeting the City Council at
that time rejected the applicationi.
Mayor Magee advised that he had the opportunity to meet with Mr. McDonough
on Friday and told Mr. McDonough that when the developers came forward about
three years he told them about the residents' concerns about commercial
development and reiterated the' case Mr. McDonough brought forward. Mayor
Magee encouraged and almost! insisted on public outreach on the part of the
developers and to find the developers did not do that and that only the bare
minimum 300 foot mailing radiu's occurred has caused him great concern. He
directed staff to continue this item off calendar until after the applicant has had
the opportunity to do public outreach which staff has agreed to do.
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Sally Horn addressed Council in opposition to the project indicating that when
she and her husband moved to Lake Elsinore 25 years ago it was very important
to them to relocate to a residential area. She met with several council members
as to the General Plan and she ,was assured it would remain residential It isn't
desirable to have a home in a commercial area.
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Scott Johnson addressed Council indicating he was opposed to the project. He
expressed his concern over the 'rezoning and the fact the developer already has
the project listed on its website as a viable project which leads him to believe that
the project has gone further than what he know. He commented on the traffic on
Lake Street to the freeway and other roadways in the City that haven't been
completed. He felt the City had 'plenty of commercial space to put these kinds of
projects. i
Dawn Oakes addressed Council in opposition to the project citing her concern
with the grading that will tak~ place and with the impact on traffic in her
neighborhood where there is only one signal light where they can get out turning
left. She is also concerned th* beer and alcohol will be possibly available to
theft by minors. She did not think a 13,000 square foot facility is in the best
interest for the area. Although she felt Fresh N Easy would be a blessing, she
felt it should be in a commercial zone and not in the neighborhood. She
requested Council consider the tax base of those people who sought out homes
in a quiet neighborhood. '
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Brian Oakes addressed Council in opposition to the project stating he was in full
agreement with his wife and the 'other speakers and stating the General Plan is a
document that people depend ~pon when they move into a City. He felt the
project would decrease the value of the homes and expressed his concerns with
other problems such as loiteri~g that will result from this development. He
encouraged Council to put this development where it should be according to the
General Plan in a commercial en,vironment.
David Douglas addressed Council in objection to the project advising of an
accident he was involved in at th'e location where the project is proposed. He felt
the area was extremely dangerous due to traffic conditions. He did not think this
project suitable in this area In light of the dangerous street
Aracelli Jimenez addressed Council stating she is a member of Voters Against
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Lake Street Market. They are not opposed to a Fresh & Easy market but are
opposed to a commercial shopping center in a residential area due to many
traffic and safety concerns for their children. She advised there are three schools
located near the proposed cehter and many children have to cross either
Mountain Street or Lake Street on their way fr'om and to school.
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Dave Garrison representing Marinita Development, the developer for the
proposed project that is being discussed advised Council that they have
requested a continuance and h'e agreed with the Mayor's suggestion that the
matter be taken off calendar until such time as they have provided outreach to
the neighbors. He apologized for not going as far as they should have. He did
contact all of the direct adjacen~ property owners to explain to them the project.
Because the people that are objlilctin9 are away from not only the 300 feet radius
but from the adjacent property they did not talk to them. He indicated they are
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trying to secure a location to hold a meeting. He strongly urged the residents to
come so they can explain their qoncerns and give the developers an opportunity
to explain the project and hopefu,lIy mitigate the issues.
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The Mayor indicated the City could make the Cultural Center available and
suggested Mr. Garrison coordinate with the City Manager. The Mayor suggested
a link to the City's website in addition to the developer's communicating directly
with the residents. I
CITY MANAGER COMMENTS
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The City Manager announced/commented on the following:
. The spring edition of the ICity news and activity Guide will be distributed
this week. It will be mailed out and delivered to all the homes and places
in the City. This editio~ features articles on the City's new website,
Downtown Master Plan Fjroject and new laws of 2009 that will affect the
City as well as updates: on recreation classes and community events.
There are also highlight~ about the 8th Annual Community 5-K run, the
Children's Fair and the Arbor Day Celebration.
. The Downtown Master Rlan public workshop is this Thursday, January
29th at the Cultural Center from 6:00 pm to 9:00 pm. Questions or
additional information is ayailable by calling the City's Planning Division at
674-3124. '
. Sunday, February 1st, is the Market Place at the Diamond from 8:00 a.m.
to 3:00 pm at the Lake Elsinore Storm Stadium. This will occur every
Sunday. ;
. The Household Hazardclus Waste Collection will occur on Saturday,
February ih from 9:00 am to 2:00 pm at 521 North Langstaff, just outside
the City yard, for addition~l information call: 674-3124, ext. 245.
. The EDC luncheon series starts back up February 19th from 11 :30 am to
1 :00 pm at the Diamond Club at the Diamond stadium.
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CITY ATTORNEY COMMENTS
COMMITTEE REPORTS
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CITY TREASURER COMMENTS
CITY COUNCIL COMMENTS
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Mayor Pro Tem Melendez announced that she had the opportunity to participate
in her first Student of the Month ~eremony earlier that day stating that there is no
need to worry about the future. I There were some very promising students and
she was honored to be invited tojtake part.
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She also mentioned that work was moving forward at the new Stater Bros. at the
McKinley Hills area and congratulated the Businesses of the Year and Barbara
Middlebrook, the Citizen of the year. She also thanked the Wallace family for
helping with the Winterfest and Mike Norkin for helping Hope in securing the van.
She felt her decision regarding the Trevi issue was a very difficult one to make.
She indicated she was very pro-business and wanted to see all businesses
succeed and grow but public safety comes first.
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Councilman Buckley announcedi the next Joint Powers Authority meeting for the
Animal Shelter will be on February 5th at 4:30 pm. at Murrieta City Council
Chambers. There will be a short update on the project. He thought Animal
Friends was taking pictures onc~ a week of the construction and those pictures
were available through a link Ion the City's website. He also congratulated
Ravioli's and Ms. Middlebrook as well as Flour Fusion who won Small Business
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of the Year - a great success story for the downtown.
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Council Member Bhutta thanked everyone for coming to the meeting. She
reminded everyone to shop locally as much as possible and supports the local
businesses. She said she looked forward to seeing everyone Thursday evening
at the Downtown Master Plan public meeting. She recognized Mayor Magee
who was appointed to be the Chairman of the RCTC.
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n Mayor Magee thanked everyonelfor their attendance and decorum.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 9:09 pm. '
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